Malkovich vs Rhode Island

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF RHODE ISLAND

EASTERN DIVISION

SARAH RICHARDS-MALKOVICH and . Docket No. 1111-ACV-192735-JCSAC

TAYLOR MALKOVICH, IV, .

.

Plaintiffs, . Providence, Rhode Island

. Monday, July 9, 2057

v. . 9:00 a.m.

.

STATE OF RHODE ISLAND .

DEPT. CLIMATE CONTROL, .

DEPT. GEOENGINEERING, et al,.

Defendants. .

. . . . . . . . . . . . . . .

VOLUME I

TRANSCRIPT OF TRIAL

BEFORE THE HONORABLE JOANNE C. SOLOMON

UNITED STATES DISTRICT JUDGE, and a jury.

APPEARANCES:

For the Plaintiffs: Nixon & Carmicle, S.C.

By: MAXSON R. CONNOLLY, ESQ.

42 East Midland Street, Suite 18

Warwick, RI 02887

(411) 929-9911

For the Defendants: State Attorney General's Office

By: ANSOLM CLARK SABRAHAR, ESQ.

JOHN P. FONTELLE, ESQ.

P.O. Box 78570

Warwick, RI 02887-7857

(411) 294-9544

Court Recorder: Carmen DuPont

District Court Clerk's Office

1 Exchange St, Room 320

Providence, RI 02903

(411) 244-5156

Transcription Service: Blankpunkt Reporting Co.

801 North Verdaccio Street

Providence, RI 02907

(411) 722-7428

Proceedings recorded by electronic sound recording;

transcript produced by transcription service.

INDEX

OPENING STATEMENT: Page

On behalf of the Plaintiffs, by Mr. Connolly 3

On behalf of the Defendants, by Mr. Sabrahar 12

Further

WITNESSES FOR THE Direct Cross Redirect Recross Redirect

PLAINTIFFS:

Bernadette A. Clay 25 49

Louis Fishbourne 70 92 75 129

WITNESSES FOR THE

DEFENDANTS:

Malcom Morgan 102 156 (Voir Dire)

Simon S. Moody 108 177

MOTION: Mr. Sabrahar 111 Denied 112

MOTION: Ms. Kennelly 118 Denied 115

EXHIBITS: Marked Received

1 - Morgan affidavit and extra damages 29 29

summary

2 - Additional extra damages list 38 40

3 - Performance appraisals, 2035 - 2056, 60 64

Smythe-Richards

4 - Performance appraisals, 2036 - 2056, 75 --

Moody

ARGUMENT: Mr. Connolly 165

RESPONSE: Mr. Sabrahar 172

[PAGE LEFT INTENTIONALY BLANK]

PROVIDENCE, RHODE ISLAND, MONDAY, JULY 9, 2057, 9:00 A.M.

(Call to Order of the Court.)

THE COURT: Good morning, everyone. Let's call in the jury, unless there are matters to consider first. Mr. Connolly?

MS. CONNOLLY: No, Your Honor, we're ready.

MR. SABRAHAR: We have nothing to take up right now, Your Honor.

THE COURT: Good. Mr. Bailiff, please bring the jury from their waiting room.

(Proceedings continued in the presence of the jury.)

THE COURT: Good morning, ladies and gentlemen. Our first order of business will be brief statements of what this case is all about by Mr. Connolly and Mr. Sabrahar, whom you met yesterday during the jury selection process. Mr. Connolly will speak to you first.

Please proceed, Mr. Connolly.

MR. CONNOLLY: Thank you, Your Honor.

Ladies and gentlemen, as you know, this is an unusual case, in that we while we are unable to legislate here in this courtroom we are here to decide in effect should continue to be implemented in the State of Rhode Island. Moreover, we are here to decide whether the State of Rhode Island is directly responsible for the tragic death of a Ms. Elizabeth Malkovich, eleven year old daughter of Sarah and Taylor Malkovich.

Particularly in question is whether the release of cloud-seeding aerosols, such as silver iodide, by Rhode Island’s Departments of Climate Control and Geoengineering directly or indirectly contributed to flooding in West Providence, which occurred at approximately 10:30 AM on the morning of September 5, 2056. This flash flood left thousands without a home, and even more people were left without running water and electricity; it caused over one hundred and fifty million dollars in damage. Worse yet, it took young Ms. Malkovich’s life. She was trapped and drowned at her school that morning. The very building housing teachers educating her on the Global Climate Control Initiative, and the importance of weather modification, Rhode Island’s premier charter school, the Casey-Anne Institute, became this child’s watery grave. And how compelling it is that we be here this morning to discuss this matter and reach the right verdict.

The long since tenured practice of cloud seeding was publicly instituted at the height of our climate change anxiety in the twenty-twenties, 2025 to be exact, and overturned the Clean Water Act of the twentieth century. It has been said that the Weather Modification Act of 2025 is responsible for over 10,000 accidental flooding deaths in the U.S.A. every year since its passing. It’s time that once and for all those responsible for such senseless and negligent policies of death, have their day in court, and that the State of Rhode Island suspend its implementation of the Weather Modification Act of 2025. Further, that restitution and damages be sought and awarded to the Plaintiff, may the jury reach the right decision.

We should do this for Ms. Elizabeth Malkovich, who did not deserve to die at the tender age of eleven, especially, at the hands of those who are tasked with protecting each and every one of us. We should do this not only for the Malkovich family, present today, but for all those parents not present today, who want to see their own children outlive themselves. Members of the Jury, I do not know whether any of you have children, but I do, and I do not want the Rhode Island Departments of Climate Control and Geoengineering to kill them, not by intent, nor by accident, and certainly not by negligent policy.

MR. CONNOLLY: I'd like to call Ms. Clay.

THE COURT: Raise your right hand, ma’am, and the clerk will administer the oath.

BERNADETTE A. CLAY, PLAINTIFFS' WITNESS, SWORN

THE CLERK: State and spell your name for the record.

THE WITNESS: Bernadette A. Clay, C-L-A-Y.

THE CLERK: Be seated.

DIRECT EXAMINATION

BY MR. CONNOLLY:

Q. Do you know either of the plaintiffs in this case, Mr. Taylor Malkovich or Mrs. Richards-Malkovich?

A. Yes, I do know them both.

Q. And what is your relationship?

A. I taught their daughter, Liz, third grade calculus at Casey-Anne.

Q. How long have you been teaching at the Casey-Anne Institute?

A. For twenty-three years now. Yes, I’ve been teaching at Casey-Anne since 2034.

Q. Was there anything unusual about the week of September 5, 2056?

A. Well, yes. On that Monday the 4th [9/4/56], an overwhelming majority, ninety-five per cent, of our students, and ninety per cent of all Rhode Islanders, as I recall, voted for sunny weather, not rain. We were supposed to have [long pause] sunny weather all week.

[mixed voices]